Central Administrative Tribunal - Bangalore
B V Hariprasad vs M/O Information And Broadcasting on 30 November, 2023
1
OA.No.170/00210/2021/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00210/2021
ORDER RESERVED ON 20.11.2023
DATE OF ORDER: 30.11.2023
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
1. B.V. Hariprasad
Aged about 51 years
Working as Cameraman Gr. II
At Doordarshan Kendra, Bangalore
Residing at No. 33/1, Vadarahalli,
Subhas Chandra Bose Layout,
Vidyaranyapura, Bengaluru 560 097,
2. Mohammed N.R. Fazil
Aged about 55 years
Working as Cameraman Gr-II
At Dooradarshan Kendra, Bengaluru
Residing at No. 21, 1st Main, 1st Cross,
Mattadahalli, R.T. Nagar, Bengaluru 560 032
3. K. Srinivas,
Aged about 56 years
Working as Video Executive,
At Doordarshan Kendra, Bengaluru,
Residing at No. 31, Flat NO. 302,
3rd Floor, Shubha, J.P. Nagar,
Bengaluru 560 078 .... Applicants
(By Parties-in-Person)
Vs.
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OA.No.170/00210/2021/CAT/BANGALORE
1. The Union of India,
Represented by its Secretary,
Ministry of Information and Broadcasting,
'A' Wing, Shastry Bhavan,
New Delhi 110 001
2. The Director,
Ministry of Personnel & Public Grievances & Pension,
(Dept. of Personnel & Training)
North Block, New Delhi 110 001
3. Secretary,
Union Public Service Commission,
Dholpur House, New Delhi 110 003
4. The Chief Executive Officer,
Prasar Bharati, II Floor,
PTI Building, Parliament Street, New Delhi 110 001
5. The Director General,
Doordarshan, Doordarshan Bhavan,
Copernicus Marg, New Delhi 110 001
6. The Dy. Director General (P),
Doordarshan Kendra, J.C. Nagar, Bangalore 560 006
7. Mr. N. Chandrashekar
Father's name not known
Age - Major
Working as Deputy Director General,
Doordarshan Kendra, Rg Baruah Road, AIDC,
Ambika Giri Nagar, Guwahati, Assam 781 024 (Sl. No. 133)
8. Mr. K.K. Ganapathy
Father's name not known
Age-Major
Working as Video Executive,
Doordarshan Kendra
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk,
Triplicane, Chennai 600 005 (Sl. No. 180)
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9. Mr. Gyan Singh
Father's name not known
Age - Major
Working as video Executive,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhavan,
Mandi House, New Delhi 110 001 (Sl. No. 218)
10. Mr. S. Pradeep Chakraborty
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Worli, Mumbai - 400 030 (Sl. No. 88)
11. Mr. Lakshminarayanan
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Beat No. 23, Altinho,
Panaji, goa 403 001 (Sl. No. 91)
12. Mr. I.S. Ramakrishnan
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
J C Nagar Bengaluru 560 006 (Sl. No. 93)
13. Mr. G. Suresh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
J C Nagar, Bengaluru 560 006 (Sl. No. 125)
14. Mr. R.K. Salvam
Father's name not known
4
OA.No.170/00210/2021/CAT/BANGALORE
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk,
Triplicane, Chennai 600 005 (Sl. No. 128)
15. Mr. L. Chandrashekar
Father's name not known
Age - Major
Working as Cameraman Grade-1,
Doordarshan Kendra,
J C Nagar, Bengaluru 560 006 (Sl. No. 129)
16. Mr. B.N. Seetaram
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Ttd Kalyana Mantapam Road,
Buckinghampeta, Vijaywada 520 002 (Sl. No. 131)
17. Mr. A. Vennival
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk,
Triplicane, Chennai 600 005 (Sl. No. 132)
18. Mr. Sudhir Gangadhar
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan News Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 142)
5
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19. Mr. D. Bhattacharji
Father's name not known
Age - Major
Working as Cameraman Grade-1,
Doordarshan Kendra,
Doordarshan Bhavan,
No. 18/3, Uday Shankar Sarani,
Golf Green, Kolkata 700 095 (Sl. No. 146)
[Respondent No. 19 deleted vide order
dated 15.12.2021 in MA No. 490/2021]
20. Mr. C.S. Arora
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 169)
21. Mr. Mukund Lal
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 22, Ashok Marg, Block 1,
Gokhale Vihar, Butler Colony,
Lucknow 226001 (Sl. No. 186)
22. Smt. Indu Sunil Dang
Father's and Husband's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan News Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 188)
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23. Mr. Uptal Moitra
Father's name not known
Age - Major
Working as Cameraman Grade -1,
Doordarshan Kendra,
Doordarshan Bhavan,
No. 18/3, Uday Shankar Sarani,
Golf Green, Kolkata 700 095 (Sl. No. 192)
24. Mr. Henry T.O
Father's name not known,
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Peroorkada, Kudappankunnu,
Thiruvananthapuram 695 043 (Sl. No. 194)
25. Mr. D.P. Singh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan CPC, Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 195)
26. Mr. Manoj Arora
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 198)
27. Mr. K.P.H. Mohan Nair
Father's name not known
Age - Major
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OA.No.170/00210/2021/CAT/BANGALORE
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 199)
28. Mr. Kishan Shah
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 201)
29. Smt. Jayashree Puri
Father's and Husband's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 202)
30. Mr. Harindar Pal Singh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan CPC, Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 207)
31. Mr. Sanjay Saxena
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 22, Ashok Marg, Block 1,
8
OA.No.170/00210/2021/CAT/BANGALORE
Gokhale Vihar, Butler Colony,
Lucknow - 226 001 (Sl. No. 208)
32. Mr. Ajay Bhukni
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 209)
33. Mr. Rakesh Mathur
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Darshan Marg, Malvia Nagar,
Jhalana Dungri, T.V. Studio Complex,
Jaipur - 302 017 (Sl. No. 212)
34. Mr. O.P. Jamloki
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 213)
35. Mr. Soban Singh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 214)
9
OA.No.170/00210/2021/CAT/BANGALORE
36. Mr. Surinder Pal,
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Mahavir Marg, NarNakodar Chowk,
Avtar Nagar, Jalandhar 144 001 (Sl. No. 215)
37. Mr. Hari Kishan,
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 216)
38. Mr. D.P. Singh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 22, Ashok Marg, Block 1,
Gokhale Vihar, Butler Colony,
Lucknow 226001 (Sl. No. 221)
39. Mr. N. Babu Ramesh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 223)
40. Mr. Narayan Rao
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
10
OA.No.170/00210/2021/CAT/BANGALORE
Doordarshan Kendra,
No. 5, Swami Sivananda Salai, Navalar Nagar,
Chepauk, Triplicane, Chennai 600 005 (Sl. No. 224)
41. Mr. P.J. Francis
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
J.C. Nagar, Bengaluru 560 006 (Sl. No. 227)
42. Mr. S. Sukumar
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Peroorkada, Kudappankunnu,
Tiruvananthapuram 695 043 (Sl. No. 232)
43. Mr. T. Venkatesan
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Mit College Road, Kothrud, Pune 411 038 (Sl. No. 233)
44. Mrs. Jayashree D. Bawaskar
Father's and Husband's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Worli, Mumbai 400 030 (Sl. No. 236)
45. Mr. U. Venkat Rao
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Ramanthapur, Hyderabad 500 013 (Sl. No. 241)
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46. Mr. K.K. Ashok Kumar
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai, Navalar Nagar,
Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 242)
47. Mr. G. Bhaskaran
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
J.C. Nagar, Bengaluru 560 006 (Sl. No. 243)
48. Mr. B.M. Rajsekhar
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Ramanthapur, Hyderabad 500 013 (Sl. No. 245)
49. Mr. V.N. Athiaman
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 246)
50. Mr. V. Chandra Shekaran
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai, Navalar Nagar,
Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 247)
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51. Mr. Anil Kumar V
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
J.C. Nagar, Bengaluru 560 006 (Sl. No. 248)
52. Smt. Leela Ramesh
Father's and Husband's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Worli, Mumbai 400 030 (Sl. No. 254)
53. R. Kannan
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan CPC, Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 256)
54. Mr. Ramesh Chander
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan CPC, Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 264)
55. Mr. Uday Ram
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan CPC, Tower A,
Wing Copernicus Marg,
13
OA.No.170/00210/2021/CAT/BANGALORE
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 269)
56. Mr. M. Prabhakar
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Ramanthapur,
Hyderabad 500 013 (Sl. No. 296)
57. Mr. Subir Ghosh Dastidar
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan Bhavan, 18/3,
Uday Shankar Sarani, Golf Green,
Kolkata 700 095 (Sl. No. 262)
58. Mr. Harjit Singh
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra DDKA,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 266)
59. Mr. C. Rajendran
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 267)
[Respondent No. 59 deleted vide order
dated 15.12.2021 in MA No. 490/2021]
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60. Mr. Anil Kumar Khanna
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan Kendra A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 270)
61. Mr. T.S. Ramakrishna
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 273)
62. Mr. Anupam Rai Jain
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra,
Doordarshan News Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 275)
63. Mr. I.P.S. Ahluwalia
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra DDKA,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House,
New Delhi 110 001 (Sl. No. 281)
15
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64. Mr. Puran Chandar Joshi
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra DDKA,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 282)
65. Mr. Aswani Kumar Sharma
Father's name not known
Age - Major
Working as Cameraman Grade - 1,
Doordarshan Kendra DDKA,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 287)
66. Mr. Nazir A. Rehman Shaikh
Father's name not known
Age - Major
Working as Cameraman Grade - II,
Doordarshan Kendra,
Ramanthapur, Hyderabad 500 013 (Sl. No. 239)
67. Mr. Praveen Johar
Father's name not known
Age - Major
Working as Cameraman Grade - II,
Doordarshan Kendra,
Doordarshan News Tower A,
Wing Copernicus Marg,
Doordarshan Bhawan,
Mandi House, New Delhi 110 001 (Sl. No. 299)
68. Mr. Subhas Kammar
Father's name not known
Age - Major
Working as Cameraman Grade - II,
Doordarshan Kendra,
J.C. Nagar, Bengaluru 560 006 (Sl. No. 300)
16
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69. Mr. P. Murugesan
Father's name not known
Age - Major
Working as Cameraman Grade - II,
Doordarshan Kendra, Kudappankunnu,
Thiruvananthapuram 695 043 (Sl. No. 301)
70. Mr. N. Bharathy
Father's name not known
Age - Major
Working as Cameraman Grade - II,
Doordarshan Kendra,
No. 5, Swami Sivananda Salai,
Navalar Nagar, Chepauk, Triplicane,
Chennai 600 005 (Sl. No. 302)
71. Mr. Mohan Kumar V
Father's name not known
Age - Major
Working as Cameraman Grade - II,
Doordarshan Kendra,
J.C. Nagar, Bengaluru 560 006 (Sl. No. 305)
72. S. Srinivasan
Father's name not known
Age - Major
Working as Cameraman Grade - I,
Doordarshan Kendra,
J.C. Nagar, Bengaluru 560 006 (Sl. No. 244)
...Respondents
(By Shri Vishnu Bhat, Senior Panel Counsel for Respondents No.
1, 2, 4 to 6,
Shri N. Amaresh, Senior Panel Counsel for Respondent No. 3,
Advocate Shri Javarayi Gowda represents Shri A.R. Holla,
Advocate for Respondents No. 12, 13, 41, 51, 68 and 72,
None for Respondents No. 7 to 11, 14 to 18, 20 to 40, 42 to 50, 52
to 58, 60 to 67 and 69 to 71)
17
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ORDER
PER: JUSTICE S. SUJATHA, MEMBER (J)
Though the applicants have sought for several reliefs in the OA, in terms of the order passed by this Tribunal on 09.10.2023, the adjudication is now restricted to the impugned speaking order dated 16.12.2022 (Annexure-A9) issued by the Respondent No. 5 pursuant to the directions of the Hon'ble High Court of Karnataka at Bengaluru Bench in Writ Petition No. 11266/2022.
2. This case has a chequered history. The applicant No. 1 had approached this Tribunal in OA No. 349/2018 seeking to quash the draft seniority list dated 12.08.2015 issued by the Director General, Doordarshan, New Delhi and for other reliefs. This Tribunal vide order dated 02.04.2019 allowed the OA with an observation that benefits, if any, to be made available within two months next. The official respondents filed Review Application No. 59/2019 against the said order dated 02.04.2019 which came to be dismissed vide order dated 13.11.2019. Being aggrieved, the official respondents preferred Writ Petition No. 3438/2020 before the Hon'ble High Court of Karnataka challenging the order dated 18 OA.No.170/00210/2021/CAT/BANGALORE 02.04.2019 in OA No. 349/2018 and the review order dated 13.11.2019 in RA No. 59/2019 passed by this Tribunal. The said Writ Petition was disposed of, with liberty to the 1st respondent therein (Applicant No. 1 herein) to file his objections before the Director General, Doordarshan.
3. In compliance with the said directions, the applicant No. 1 submitted his objections on 16.12.2021 before the Respondent No. 5, pursuant to which, a speaking order dated 25.02.2022 was issued by the Respondent No. 5. Being aggrieved, the applicant No. 1 preferred Writ Petition No. 11266/2022 before the Hon'ble High Court of Karnataka. Analysing the said speaking order, the Hon'ble High Court of Karnataka partly allowed the Writ Petition setting aside the order dated 25.02.2022 passed by the Directorate General, Doordarshan, New Delhi and the matter was remitted back to the Directorate General, Doordarshan to consider the case of the petitioner in the light of the Doordarshan Programme (Technical- Camera) Group 'A' and Group 'B' Recruitment Rules,1987 and thereafter pass a speaking order after providing an opportunity of hearing to the applicant No. 1/party-in-person, fixing the date of appearance and the timeframe for passing the orders, pursuant to 19 OA.No.170/00210/2021/CAT/BANGALORE which the impugned order dated 16.12.2022 has been passed. Being aggrieved, the applicants have preferred this OA inter alia claiming for other reliefs.
4. CCC No. 11/2023 filed by the applicant No.1 accusing wilful breach of the order dated 27.10.2022 passed by the Division Bench of the Hon'ble High Court of Karnataka in Writ Petition No. 11266/2022 has been disposed of reserving liberty to the complainant to challenge the ultimate order passed by the respondent authority before the appropriate forum, if so advised.
5. Shri B.V. Hariprasad - applicant No. 1/party in person, submitted that the applicants are presently working as Cameraman Grade II/Video Executive in Doordarshan with Prasar Bharati. The Doordarshan Programme (Technical-Camera) Group 'A' and Group 'B' Recruitment Rules, 1987 ('Rules' for short) dated 12.10.1987 were published in the official gazette under GSR No.909 dated 05.12.1987 prescribing the method of direct recruitment for appointment of Video Executive, Cameraman Grade I and Cameraman Grade II. The applicants were appointed during the year 1989 as Cameraman Grade II in the Directorate 20 OA.No.170/00210/2021/CAT/BANGALORE General of Doordarshan, Ministry of Information and Broadcasting through Union Public Service Commission (UPSC) in terms of the Rules. Respondents 7 to 72 are not eligible to the said posts as per the Rules. These Respondents 7 to 72 - backdoor entry Cameraman Grade II - cannot be placed above the applicants who were appointed in terms of the Rules. Though the Hon'ble High Court of Karnataka in Writ Petition No. 11266/2022 specifically directed the Respondent No. 5 to consider the case of the applicant in the light of the Rules and thereafter pass a speaking order, categorically observing that the case of the applicant No. 1/party in person ought to have been considered in the light of the said Rules and not the judgment of the Hon'ble Apex Court in the case of National Union of All India Radio & Ors vs Union of India and Another reported in AIR 1990 SC 1720, the Respondent No. 5 again placing reliance on the judgment of the Hon'ble Apex Court in National Union of All India Radio and Others, supra, which is not applicable to the facts of the present case, has rejected the claim of the applicants to modify the seniority list dated 09.10.1990 wherein the applicants have been figured below 306 cameramen who were not selected by UPSC under the Rules. Thus, the applicant No. 1/party in person submitted that the Respondents 7 to 72 herein 21 OA.No.170/00210/2021/CAT/BANGALORE cannot be placed above the applicants in the seniority list owing to which the promotion of the applicants gets deprived. Accordingly, seeks for interference of this Tribunal.
6. Applicants No. 2 & 3 have filed a memo adopting the arguments of Applicant No. 1 and submit that they are similarly placed and any decision of the respondent authorities on the subject issue shall have a bearing on them as well. Learned counsel Shri Vishnu Bhat represents Respondents No. 1, 2, 4 to 6. Learned counsel Shri N. Amaresh represents Respondent No. 3. Learned counsel Shri Javarayi Gowda represents learned counsel Shri A.R. Holla appearing for Respondents No. 12, 13, 41 51, 68 and 72. Respondents No. 19 and 59 are deleted as per the order of this Tribunal dated 15.12.2021. There is no representation on behalf of Respondents No. 7 to 11, 14 to 18, 20 to 40, 42 to 50, 52 to 58, 60 to 67 and 69 to 71.
7. Learned counsel Shri Vishnu Bhat representing the official respondents 1, 2, 4 to 6 argued that the present OA is not maintainable since it attracts the provisions of the Limitation Act. The private respondents were appointed before notification of Doodarshan Programme (Technical-Camera) Group 'A' and Group 22 OA.No.170/00210/2021/CAT/BANGALORE 'B' Recruitment Rules, 1987 published in the Gazette of India dated 05.12.1987. Learned counsel submitted that before the appointment of the applicants in the OA, there were Cameraman working in the organization since the inauguration of Doordarshan and they were appointed by the executive power of the government in accordance with the provisions of Recruitment Rules of Staff Artists, 1982 which existed at that time. Placing reliance on the order passed by the Principal Bench, New Delhi in OA No. 3767/2010 filed by the Association of UPSC recruited Cameramen of Doordarshan, learned counsel argued that the issue involved herein is similar to the issue considered and adjudicated by the Principal Bench in OA No. 3767/2010 which, indeed, was dismissed.
8. Learned counsel further submitted that the Rules, 1987 having come into force on 05.12.1987 i.e., the date of publication in the official gazette, the said Rules will have prospective effect. Even before the Rules came into existence, employees (Respondents 7 to 72) were holding various posts by virtue of the executive power of the government. The seniority list of Cameraman Grade II has been prepared with reference to their order of merit in the panel/select list on the basis of which they 23 OA.No.170/00210/2021/CAT/BANGALORE were appointed and not on the basis of their date of joining. Justifying the impugned speaking order dated 16.12.2022 (Annexure-A9), learned counsel argued that the conversion of staff artists to government servants had been done in compliance with the directions of the Hon'ble Apex Court and the approval of the Ministry of Information and Broadcasting vide letter dated 29.11.1991, for the staff artists appointed prior to 1987. All the Cameraman Grade II were working as staff artists prior to publication of the Rules, 1987. Seniority list of Cameraman Grade II, though circulated number of times, the same was not challenged by the applicants, thus, the learned counsel submitted that the seniority and promotions which are once settled, cannot be unsettled after huge delay of several years. Respondents 7 to 72 who were appointed as a result of an earlier selection were granted protection under Article 311 by the Hon'ble Apex Court in National Union of All India Radio & Ors, supra, and as such, the applicants who were appointed as a result of subsequent direct selection under later notified Recruitment Rules of 1987, cannot seek modification of the settled seniority list. Accordingly, seeks for the dismissal of the OA.
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9. Learned counsel Shri Javarayi Gowda representing Shri A.R. Holla, for respondents No. 12, 13, 41 51, 68 and 72, adopting the arguments of the learned counsel for the official Respondents No. 1, 2, 4 to 6 argued that the issue being covered by the order of this Tribunal, Principal Bench, New Delhi in OA No. 3767/2010, the present OA deserves to be rejected.
10. We have carefully considered the arguments advanced by both sides and perused the material on record.
11. The point that arises for our consideration is, whether the impugned speaking order dated 16.12.2022, Annexure-A9 issued by the Respondent No. 5 is justifiable?
12. The case's origin can be traced back to the filing of OA No. 349/2018 by the Applicant No. 1 before this Tribunal seeking for the following reliefs:
"1. Call for the records leading to the issuance of the Annexure A2 dated 27.12.1990, Annexure-A3 dated 14.09.1993 Annexure A6 dated 06.02.1998 and Annexure A10 dated 22.08.2013 for not considering the Cameraman Gr. II as Group "B" Gazetted and not considering to the promotion of 25 OA.No.170/00210/2021/CAT/BANGALORE Cameraman Gr. I and not maintaining two sets of separate seniority lists on par with the Programme Executives & Assistant Engineers & interse seniority & eligibility lists for further promotions as the applicant is also belongs to the IB(P)S programme Production cadre.
2. To quash the Draft seniority list of vide Annexure-A11 dated 12.08.2015 issued by the Director General Doordarshan, New Delhi the 4th respondent as the said list is discriminatory & violative of Article 14 & 16 of the constitution & eligibility list and promotion lists of Cameraman Gr. II are yet to be prepared (impugned order).
3. To direct the 6th respondent to issue the Separate Seniority lists of UPSC direct recruits & promotees & interse seniority lists based on requisite qualifications on par with the Programme & Engineering Cadres of IB (P)S & IBE)S as the applicant is working as Cameraman Gr. II feeder cadre to Cameraman Gr. I IB(P)S programme production Cadre.
4. Pass any other order or direction that this Hon'ble Tribunal may deem fit and necessary in the facts and circumstances of the present case and in the interest of Justice and Equity."
13. The said OA has been allowed directing the respondents to extend the benefits, if any, to the applicant No.1 within two months. It is discernible from the said order that the respondents relied on the order of the Principal Bench in OA No.3767/2010 (DD: 05.08. 2016) which had been disposed of on twin grounds viz., 1) Non- joinder of necessary parties and 2) On the issue of limitation. 26
OA.No.170/00210/2021/CAT/BANGALORE The relevant paragraph of the order passed in OA No. 349/2018 is quoted hereunder for ready reference:
"2. We had clearly held that the matter seems to be covered by the judgment of the Hon'ble Apex Court in the Parmar's case and in terms of which the matter has to be taken up by all. On the other hand, Shri V.N. Holla, learned counsel for the respondents, relies on an order of the Principal Bench which had been disposed off on twin grounds of non-joinder of necessary parties and also the issue of limitation. But when once the Hon'ble Apex Court had laid down the law on the subject, all other things pale into insignificance. We had carefully gone through the judgment of the Principal Bench so cited and it is noted that persons who do not possess the requisite qualification but fully unrelated qualification including matric, higher secondary, B.Sc., B.Com, M.A. etc have been shown above them as Cameraman Grade II and Cameraman Grade I officers. This is significant departure from the process available in that particular department. Cameraman is a technical proposition and his qualifications are determined on the basis of his ability as a cameraman and not as a general clerk. Therefore, the basis of the finding of the Principal Bench is itself suspect. The second element which is pointed out to us is that the seniority rule of 1987 had been apparently vitiated by the regularization of Cameraman Grade II even though a proposal was there for direct recruitment of them. This also was done through judicial interdiction and it appears to us as highly improper for us to question the regularization after decades have passed. Relating to the element that Staff Artists had been converted into government servants from the date of their appointment, it appears to be a policy decision taken by the government following the intervention of the Hon'ble Apex Court in several cases and, therefore, we have no hesitation to hold that this judgment of the Principal Bench cited by the respondents do not hold the field."27
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14. Review Application filed against the said order being dismissed, Writ Petition No. 3438/2020 was filed by the official respondents challenging the said order. The said Writ Petition came to be disposed of vide order dated 06.12.2021 reserving liberty to the Applicant No. 1 to file his objections before the Director General, Doordarshan within two weeks from the date of the order. The compliance order/speaking order dated 25.02.2022 passed by the Directorate General of Doordarshan, New Delhi being challenged by the Applicant No. 1 in Writ Petition No. 11266/2022, the said Writ Petition came to be disposed of remitting the matter back to the respondents to consider the case of the Applicant No. 1 in the light of the Doordarshan Programme (Technical-Camera) Group 'A' and Group 'B' Recruitment Rules, 1987 and thereafter pass a speaking order. The relevant paragraphs of the said order are extracted hereunder for ready reference:
"5. On perusing the speaking order, we find that there is no reference to these Rules muchless a serious consideration of these Rules. The respondent have sought to take shelter under the judgment of the Hon'ble Apex Court dated 05.04.1990 in the case of "National Union of All India Radio & Ors. Vs. Union of India & Anr.", a copy of which is placed before us.
6. From a detailed reading of the judgment, it is apparent that the judgment, pertains to Staff Artists and not to 28 OA.No.170/00210/2021/CAT/BANGALORE Cameraman. From a reading of the observations, it is seen that the Hon'ble Apex Court has given its seal of approval to the Scheme formulated by the Union of India for regularizing Staff Artists, who were earlier engaged on contract basis and for whose selection no Rules or Regulations have been made. But in the case of Cameraman, it is seen that separate Rules have been framed and notified in the Gazette published on 12.10.1987.
7. In that view of the matter, the case of the petitioner/party-in-person ought to have been considered in the light of the said Rules and not the judgment of the Hon'ble Apex Court in the case of National Union of All India Radio & Ors. (Supra). Merely because the respondent has not maintained a separate Seniority List, it cannot be a ground to ignore the case of the petitioner/party-in-person. Prima facie, it appears to us that it cannot be a ground to enable the respondent to ignore their own Rules framed for the very purpose of appointment of various posts of the Cameraman.
8. In that view of the matter, the writ petition is partly allowed. The order dated 25.02.2022 passed by the Directorate General, Doordarshan, New Delhi, is set-aside.
9. The matter is remitted back to the respondent to consider the case of the petitioner in the light of the Rules i.e., the Doordarshan Programme (Technical-Camera) Group 'A' and Group 'B' Recruitment Rules, 1987 and thereafter pass a speaking order."
15. Though a specific direction was issued by the Hon'ble High Court of Karnataka that the case of the Applicant No. 1 has to be considered in the light of the Rules and not the judgment of the 29 OA.No.170/00210/2021/CAT/BANGALORE Hon'ble Apex Court in the case of National Union of All India Radio and Ors., supra, the impugned speaking order dated 16.12.2022 (Annexure-A9) nowhere adjudicates upon the Rules, 1987 framed for the very same purpose of appointment of various posts of the Cameraman, on the other hand, the respondent authority proceeds to reject the claim of the Applicant No. 1 again placing reliance on the judgment of the Hon'ble Apex Court in National Union of All India Radio and Ors., supra.
16. We have carefully considered the judgment of the Hon'ble Apex Court rendered in National Union of All India Radio and Ors., supra. The petitions filed under Article 32 of the Constitution by the petitioners therein viz., Petitioner No. 1 - National Union of All India Radio Staff Artists; Petitioner No. 2 - an Announcer of the All India Radio; Petitioners No. 3 to 8 - Instrumentalist, News Readers, Announcers and the like; Six Announcers and a Tanpura player connected with the All India Radio - the petitioners in the other Writ Petitions, were considered, wherein a direction was sought to the respondents to treat the staff artists at par with regular government servants entitled to pensionary benefits and to restrain the respondents from enforcing 30 OA.No.170/00210/2021/CAT/BANGALORE their direction for exercise of option pursuant to the Union of India bifurcating the Staff Artists in May, 1982 into two categories like
1) Staff Artists to be treated as Artists. 2) Staff Artists to be treated as Government Servants.
17. On detailed examination of this judgment, we find no finding given by the Hon'ble Apex Court relating to Cameraman Grade with respect to whom Recruitment Rules were framed on 12.10.1987 and published in the official gazette on 05.12.1987. The entire focus was on the Staff Artists working in All India Radio and Doordarshan. Those Staff Artists who opted for becoming "government servants" and were found fit by duly constituted screening committee were treated as government servants with effect from 06.03.1982. Such Staff Artists were made entitled to the same pensionary benefits as are applicable to Government Servants. They were, however, not entitled for any special benefits available to them as Staff Artists, as per paragraph (2) of the draft scheme produced before the Hon'ble Apex Court. Subsequently, Ministry of Information and Broadcasting, Government of India has issued an order dated 29.11.1991. In terms of paragraph (2) of the said order, all Staff Artists, Artists under the 1982 scheme working in All India 31 OA.No.170/00210/2021/CAT/BANGALORE Radio and Doordarshan (except Foreign Nationals) who were in service on 06.03.1982 or appointed as such thereafter will be deemed as government servants. Such Staff Artists/Artists, instead of being governed by separate conditions of service laid down in the contract and other orders issued in this regard from time to time shall be governed by normal conditions of service applicable to Civilian Central Government Employees.
18. OA No. 3767/2010 was rejected by the Principal Bench mainly as not maintainable on the ground of limitation as well as non-joinder of parties. However, in view of the specific direction issued by the Hon'ble High Court of Karnataka in Writ Petition No. 11266/2022, the same would be of little assistance to the respondents. It is not in dispute that the Respondents 7 to 72, who were appointed on temporary basis and said to have been regularised before Rules, 1987 were framed, are placed above the applicants herein who are appointed as direct recruitee Cameraman selected through UPSC pursuant to the publication of the Recruitment Rules, 1987 in the seniority list dated 09.10.1990 and the draft seniority list dated 12.08.2015. The statutory rules are framed by the Government of India exercising the power under 32 OA.No.170/00210/2021/CAT/BANGALORE Article 309 of the Constitution to regulate the recruitment to Group 'A' and Group 'B' Programme (Technical-Camera) posts in various units of Doordarshan under Ministry of Information and Broadcasting. These Rules have come into force on the date of publication in official gazette i.e., 05.12.1987. In terms of the said Recruitment Rules, 295 posts are available for Cameraman Grade- II.
19. It is well-settled that the statutory rules are supreme and have preference over the executive orders. An executive order cannot override rules framed under Article 309 of the Constitution. The Rules framed under Article 309 have the force of law and must be followed strictly. Any act done in the exercise of the executive power of the government cannot go against these Rules. Ignoring the statutory rules, no common seniority list could be prepared by the respondents with a misconception, placing reliance on the judgment of the Hon'ble Apex Court in National Union of All India Radio and Ors, supra.
20. In the speaking order impugned dated 16.12.2022, the respondent authority has observed that the persons against whom 33 OA.No.170/00210/2021/CAT/BANGALORE the Applicant No. 1 is claiming seniority had been appointed subsequent to the advertisement notices issued by the respondents in accordance with Recruitment Rules of 1979 for Staff Artists in Doordarshan. No material is placed on record to establish the same. For the clarifications sought by us in this regard vide a detailed order dated 09.10.2023, learned counsel for the respondents submits that an Official Memorandum dated 17.11.2023 has been issued by the respondents and the same is placed on record. Even in the said Official Memorandum dated 17.11.2023, except referring to the judgment of the Hon'ble Apex Court dated 05.04.1990 in National Union of All India Radio Staff Artists case, no other relevant material is available. As discussed in the preceding paragraphs, Cameraman Grade II does not come within the ambit of the Staff Artists considered by the Hon'ble Apex Court in National Union of All India Radio & Ors, supra, and a separate Recruitment Rules of 1987 having been framed, the applicants having been appointed as qualified through UPSC as direct recruitees, they cannot be clubbed with the other Staff Artists/Cameraman Grade II who were said to have been appointed through executive orders either for seniority or promotion. Promotional avenues of the candidates appointed as direct recruits 34 OA.No.170/00210/2021/CAT/BANGALORE under the statutory rules cannot be curtailed by a wrong interpretation. The directions issued by the Hon'ble High Court of Karnataka requires to be complied with, strictly in letter and spirit. But the impugned speaking order is passed in utter violation of the directions issued by the Hon'ble High Court of Karnataka in Writ Petition No. 11266/2022. Hence, the same is wholly unsustainable. The applicants No. 2 and 3 being similarly situated, they are at liberty to put forth their claim before the Respondent No. 5
21. For the reasons aforesaid, we pass the following:
:ORDER:
i) The impugned order dated 16.12.2022 (Annexure-A9) issued by the Respondent No. 5 is set aside.
ii) The matter is remitted back to Respondent No. 5 to reconsider the case, keeping in mind the observations made hereinabove and to take a fresh reasoned decision by passing a speaking order, after providing an opportunity of hearing to all the concerned. 35
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iii) Compliance shall be made in an expedite manner, in any event, not later than four months from the date of receipt of the certified copy of this order.
iv) OA stands disposed of in terms of above.
No order as to costs.
In view of the disposal of the OA, all the pending MAs stand disposed of accordingly.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ksk/